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HomeMy WebLinkAbout25667 Approval_FINAL MT Planning NCOD CERTIFICATE OF APPROPRIATENESS DEMOLITION DECISION APPLICATION Date: March 18, 2026 File Number: 25667 Address: 321 N. 51h Avenue This is a Neighborhood Certificate of Appropriateness (NCOA) application to demolish an existing vacant convalescent center building. Per 38.240.020.K, the building has been deemed an unsafe Alterations: structure by the Chief Building Official and the Fire Marshal and can be demolished without first obtaining a building permit for subsequent development. The site will be brought to a graded condition to prepare for future new construction. Public The public comment period ran from February 17— March 10, 2026. Twelve comments were Notice: received. For further details on public comment, see section 6 below. Review Sarah Rosenberg, AICP Planner: FINDINGS ® The Chief Building Official and the Fire Marshal determined the vacant building is an unsafe structure pursuant to IEBC section 115.3 and IFC Chapter 1 Section 114.1.1, and recommended demolition, as documented in letters dated 2/10/26 and 1/28/26, respectively. ® Project meets the standards outlined in BMC 38.240.020.K, Demolition ormovement of an unsafe structure whether historic or non-historic, with conditions. See staff analysis below. DEPARTMENT APPROVAL Erin George, AICP, Director of Community Development CODE PROVISIONS & CONDITIONS OF APPROVAL 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the BMC or state law. 2. During demolition of the building, the applicant may only remove those trees marked for removal on the exhibit received by the City on 3/13/26, because they are in conflict with utilities or are too close to the building to feasibly be retained during demolition. Those trees marked for retention shall be protected from damage during demolition. Q • East Otive Street 1230 Q 40. .• Q 40. •• Bozeman, • TDD: 406-582-2301 THE MOST LIVABLE PLACE. � jT Planning PROPERTY DETAILS The site includes a two-story structure that was built in 1959 as a convalescent center. It remained a care center until 2022 and is currently vacant. The existing structure was surveyed in 2019-2020 as part of a larger effort done by the City to survey the B-2M zone district and the immediate surrounding area. This survey was conducted by Metcalf Archeological Consultants (Metcalf). The property lacks individual significance to be on the National Register of Historic Places (NRHP) under Criteria A, B, C, and D of the Secretary of Interior Standards. However, while not located within an existing historic district, it is a contributing structure to a potential historic district associated with the Postwar Expansion Phase and central Bozeman and thus meets the BMC definition of a historic structure (38.800.090). For a property to be placed on the NRHP as a contributing structure, the property owner must give permission for it to go through that analysis. Neither the current nor past property owners ever pursued this designation. A Site Plan application (24493) affiliated with this site proposing to build a four-story multifamily building with 91 residential units received approval on January 15, 2025. An appeal (25033) of that decision was filed, and following an April 1, 2025 public hearing, City Commission voted on April 15, 2025 to uphold the Site Plan approval. STAFF ANALYSIS While the Site Plan application did include demolition of the existing structure, demolition of a historic structure normally cannot occur until the application receives Building Permit approval for the subsequent development per 38.240.020.1. At this time, the site plan application has not received Building Permit approval. However, if a structure is deemed unsafe by the Chief Building Official pursuant to 38.240.020.K, whether historic or non-historic, the review authority (Community Development Director) may approve demolition and subsequent development. Subsequent development for an unsafe structure may be replacement with a new building, integration of the area into a larger site supporting future development, or reclamation of the site to a safe, graded condition. The applicant provided a report from DCI Engineers that outlines the unsafe nature of the structure. The City of Bozeman Chief Building Official reviewed the report, conducted a site visit, and made a determination that the structure is unsafe pursuant to IEBC section 115.3, as documented in his letter dated 2/10/26. Additionally, the City of Bozeman Fire Marshal reviewed the report, conducted a site visit, and made a determination that the structure is unsafe pursuant to IFC Chapter 1 Section 114.1.1, as documented in his letter dated 1/28/26. Both letters recommend demolition of the structure. Per 38.240.020.K, reclamation of the site to a safe, graded condition where storm-water runoff and weeds are controlled is an appropriate replacement. It is anticipated that once the site plan application receives Building Permit approval, construction of the multifamily building will commence. There are multiple existing mature trees on the site. While the approved Site Plan does include removal of the trees as part of the subsequent development, this demolition decision relates only to the unsafe nature of the structure and returning the site to a safe condition. Staff recognize that demolition of a building requires use of large equipment and disconnecting utilities. Thus, condition of approval number 2 requires that the applicant only remove those trees which conflict with utilities or are too close to the building to be retained during demolition. The applicant submitted a tree removal exhibit to the City on 3/13/26 which depicts those trees to be removed during demolition and those which will be retained until future development. Any structure approved for demolition must be fully documented as outlined in 38.240.0201, documentation and administrative procedures. The property was surveyed in 2020 and the applicant provided additional photo documentation of the structure. Staff have found that the survey satisfies the documentation standards. TDD: 406-582-2301 THE MOST LIVABLE PLACE. M T Planning NOTICE & PUBLIC COMMENT The public notice period was conducted from February 17— March 10, 2026. The public notice can be found here. Twelve public comments were received during the public notice period. Concerns centered around maintaining the existing trees on the site and the ongoing litigation on the property. The tree concerns are addressed above in Staff Analysis. Staff cannot comment on litigation, but questions about how litigation affects or does not affect action on a property may be directed to the City Attorney's Office. APPEALS Please note that this decision is subject to appeal by other aggrieved parties and such appeals must be filed pursuant to the provisions by section 38.760.030. An appeal must be filed within 15 business days following the date of this decision. If a valid appeal is filed, no further action on the project may proceed until a decision on the appeal is made by the City Commission, and the Community Development Department and Building Division will not be able to approve any building permits or to perform any inspections related to this COA. CONTACT US Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street 59715 (FED EX and UPS Only) fax 406-582-2263 PO Box 1230 planning@bozeman.net Bozeman, MT 59771 www.bozeman.net 0 1 East Olive Street © Box 1230 0 41. .1 O 41.-582-2263 www.bozemon.net Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE.